Theft suspect goes through four attorneys

A 48-year-old man caused a stir in court this week as the judge struggled to find him an attorney that would cause no conflict of interest for the man.

Finally, attorney Carolyn Tanner was appointed counsel to defendant Michael Schubarth.

The state's Attorney General's Office is prosecuting the Carson City man, who faces felony theft charges in Douglas County.

Schubarth has officially had three attorneys since his arrest in addition to two others a judge attempted to appoint until a conflict of interest arose.

At Schubarth's first hearing on Sept. 3, his just-hired attorney, William Routsis, was unable to make the court hearing.

"I wouldn't care about (continuing the hearing) one week," said Deputy Attorney General John McGlamery at that hearing, "except we're being manipulated."

On Sept. 8, Routsis removed himself from Schubarth's case due to a concern that Schubarth paid him with embezzled money.

The judge appointed attorney Tod Young.

Young appeared in court with Schubarth this Wednesday.

Young said Schubarth's name had been familiar. Upon looking Schubarth up in his files, he discovered that Schubarth owed him money from a previous matter in which Schubarth had retained him.

"Is that going to create a bias where you're not going to be able to adequately and aggressively represent him?" asked Justice Court Jim EnEarl.

Young answered that it wouldn't, but prosecutor McGlamery expressed his concern that Schubarth be content with his counsel.

EnEarl appointed the firm of Roeser and Roeser to defend Schubarth to keep the record clear.

However, after Terri Roeser pointed out that her firm also had a conflict, EnEarl appointed attorney Alan Erb.

Schubarth said he had once retained Erb to represent him in a business manner. He would prefer someone else, he said.

EnEarl appointed Tanner. She received Schubarth's file from Young and advised Schubarth to remain silent after Schubarth requested to speak.

Charges against Schubarth relate to business done under the name High Desert Financial on Stephanie Way.

He allegedly took a $2,500 deposit from two separate Las Vegas people under the pretense of obtaining home loans for them.

He also faces a third charge of theft for using nearly $15,000 from an account, established through a private investor, to be a builder's trust account.

He is wanted in Uintah County, Utah, where he was brought up on 31 felony charges relating to theft.

In Utah, he allegedly began a promissory note scam that fell through, leaving 16 people short of money, according to a prosecutor from Uintah County.

Schubarth is scheduled to appear next in court 9 a.m. Oct. 9 for a preliminary hearing.


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